the hells angels member wanted in the s.w.a.t. team surround a house, a neighborhood blocked off. the standoff with a man suspected to be the hells angels member wanted in the cemetery shooting death of a fellow club member. >> actually, she had 38 pieces of buck shot in her body. a puppy that had been shot repeatedly found on east bay street and it's not the only one to suffer such abuse. tragedy overnight for a good samaritan. how she was killed when she was just trying to help. good evening. a s.w.a.t. team, the bomb squad, and police have surrounded a house they believe a murder suspect has barricaded himself in. he is wanted for shooting and killing a hell's angel member during a funeral last week in

san jose. authorities believe ruiz is holed up on mcdougal boulevard in stockton at a house. we have more from the scene. >> reporter: ann, we continue to be pushed back here. before we had a great view of what's going on. now, there's police tape and i'll point you in the direction this is happening around the corner from where you're looking. if we look to my right, lot of people have been moved out of their homes, just been sitting here watching as this develops. according to our sources, the san jose police are actively pursuing the suspect, bebe ruiz, who shot a hell's angel member at jeffrey pettigrew's funeral, who was killed in late september. according to witnesses, the police have been here since early this morning. we've seen the san jose s.w.a.t.

team, armored trucks, and the bomb squad go in. we've also watched as the police send what we think was tear gas into the house where the suspect is held up. we've also heard several explosions recently. we do not believe that was gunfire. we also believe that was some sort of tear gas to try to entice ruiz to come out. stockton police are assisting, but only with traffic. this remains a san jose pursuit and investigation. we'll, of course, keep you updated on all the latest as it develops. >> ben, are police telling you whether or not they are actually talking to anybody inside the home or are they working on an assumption at this point? >> reporter: right now, police aren't saying anything. we called the stockton police. they directed us to the san jose police and we have not yet heard back from them. all they said is they are actively pursuing a warrant. but a lot of people are believing that since this is the san jose police, that this is ruiz who is inside the home. also, we don't know if he's inside the home alone. we've heard mixed reports,

whether people were able to get people out earlier in the day, or indeed if there are people in the house with ruiz. >> and of course we'll have more on the story for you at 6:30. well, a good samaritan is dead after two crashes this morning on interstate 880 in heyward. the first crash happened on northbound 880 near the interchange with highway 92. a woman driving by stopped and got out to help. that's when a car slammed into her. she was thrown to the other side of the freeway and was killed. >> people's general nature is to help each other, but on the freeway, this time of night, you have to error on the side of caution. lot of people going on in drivers minds these days. so in the end, probably not a good idea to stop. >> four other people were critically injured. several lanes of 880 were closed for a couple of hours. they reopened by 5:00 a.m.

more earthquakes shaking the east bay overnight, three of them. the first hit just after midnight, measuring 2.8, centered 2 miles southeast of berkeley. minutes later, there was a 1.3 tremor. then at 12:45 this morning, a 2.5 hit. all of these quakes were in the same general area, following two quakes on thursday afternoon and evening in berkeley. they measured 3.8 and 4.0. it's a horrific case of animal cruelty in the east bay. someone fired 38 beebee gun pellets into a puppy. that's not all. anne mackovic shows us this isn't the first time the puppy has been abused in that area. >> reporter: daphne the dog is stronger and fleeter than she may appear. this 1-year-old pitbull came to the berkeley animal care services shelter last month as a stray. >> she's frightened of people, with lots of small marks on her body. >> reporter: when she went in to be spayed, the vet found out why. >> actually, she had 38 pieces of buck shots in her body.

>> reporter: shot with a beebee gun dozens of times, her ears cut almost in half, a job not done by a professional. >> it's just flat-out cruel. flat-out cruel. >> reporter: this parking lot about a block away from the shelter is where daphne was found. shelter workers noticed the strange coincidence between daphne and two other puppies who were found here this past spring. >> they looked exactly like her. this is a very distinctive-looking dog. >> reporter: the same markings, same crop job on the ears. >> we're now x-raying them to make sure they don't have the same problem. >> reporter: one of them already had a few pellets removed. the good news, the shelter says her sisters were already successfully adopted. >> unbelievable. these dogs forgive people, everything. they clearly had terrible and traumatic lives. all it takes is the smallest act of kindness to win them over. >> reporter: daphne showed that to a woman who came to the shelter looking for a dog today. >> she's beautiful. i mean, dogs are just like

humans. they are fearful. they have been abused in any way. >> reporter: berkeley animal care services is accepting donations for daphne's care. it could cost thousands of dollars to remove all of the pellets, and police are hoping for tips on who her previous owners may have been. >> this is not an isolated case. there's lots of animal abuse that goes on, and we really need the public's help. >> reporter: anne mackovic, cbs 5. they were told to pack up and move out. but today hundreds of occupy protesters in oakland are in the streets to continue their fight against corporate greed. demonstrators marched through downtown this afternoon. police watched traffic for them. the city threatened protesters would be arrested if they didn't clear out of city hall by 10:00 last night. but police did not clear the encampment. demonstrators say despite warnings from the city, they are staying put. >> not just fighting for us over here. we're fighting for everybody that's out there in that community, you know, dealing

with the foreclosures and everything, healthcare, closing down our schools, our libraries, and all that, police brutality, all those things being addressed here. racism, all those issues being addressed. >> some nurses from the california nurses association have set up first aid stations at the oakland and san francisco protests. in san jose, police moved in to clear out the occupy tent city outside city hall overnight. there were only a few people there. at about 4:00 this morning, two people were arrested, another cited and released. state officials say the protest is creating public and health hazards with the buildup of trash and the bathroom habits of some of the protesters out in the open. the majority of the tent city was cleared out thursday. city of oakland took the day to remember one of the biggest disasters in the bay area. a fire storm that ripped through the oakland and berkeley hills 20 years ago. people gathered at the rock ridge bart station, where 2000 hand-painted tiles on a wall

reflect on the impact of the fire. that event was followed by a ceremony at the gateway emergency preparedness exhibit center. those who witnessed the fire talked about the experience. >> that was my career fire, by far the largest incident i've ever responded to. all the risks that we took that day, it gives you a real feeling of pride. >> that fire killed 25 people and destroyed more than 3000 homes. a u.s. marine from the stockton area has been shot and killed after being mistaken for a bear. it happened in western oregon, near creek falls park. authorities say 20-year-old christopher cho was hiking with a friend when a manhunting for bear saw something moving in the brush and opened fire. cho was wearing dark clothing. so far, the hunter has not been charged. the case is being turned over to the local district attorney. free parking is being offered at oakland international airport between thanksgiving and

december holidays. the deal provides a coupon to park for free for up to three days in the daily lot. the catch? you have to fly out on a tuesday, wednesday, or thursday. you can do that between november 24 and december 22. normally, parking for those three days would cost $66. airport officials hope to attract more travelers during the busy holiday travel season. a warning of a potential terror attack. why the u.s. embassy in kenya are issuing the warning and what it says are the possible targets. a great day across the bay area today, with warm temperatures, even back to the beach. we're looking for a warm sunday as well. i'll have the details, coming up for you, next. ,,,,,,,,,,,,,,

imminent terror attack in kenya. the u-s embassy there says it a warning tonight of an eminent terror attack in kenya. the u.s. embassy says it issued the warning from what it calls credible information. it did not specify who might carry out the attack. the warning comes a week after kenyan troops pushed into

somalia. potential targets include places foreigners congregate, such as shopping malls and night clubs. even though u.s. troops are slated to leave iraq, the president says america will continue to support that country. all 40,000 troops will be out of iraq by december 31. u.s. and iraqi leaders failed to reach a deal to keep some troops in baghdad. iraq's prime minister could not offer immunity for prosecution for troops who would remain there. despite that, secretary of state hillary clinton says the u.s. will continue to support iraq. >> america will stand with our allies and friends, including iraq, in defense of our common security and interests. >> republicans mitt romney and rick perry criticized the white house's failure to keep some troops in iraq. about 1700 americans will remain at the u.s. embassy in iraq to continue diplomatic relations. if you have bagged spinach,

a recall is issued because of possible contamination. and yahoo! could be up for grabs again. the role google is playing to try to get the internet portal up for sale. clearer skies and warm temperatures throughout the bay area today. we've got more on that in store for tomorrow, and the week ahead. your forecast is coming up next. ,,,,,,,,,,,,,,,,,,

because it could make you sick. nd easy neighborhood bagged spinach is being recalled tonight because it could make you sick. fresh & easy neighborhood market is recalling its sne brand spinach that comes in a bag. the california company says one

bag tested positive for listeria, a bacteria that can cause serious and sometimes fatal infection. the recalled products have the enjoy by date of october 16. but the company believes some people could still have the bags in their fridge. if you have any, return the bag for a refund. silicon valley is buzzing with the possibility of yahoo! being sold. the "wall street journal" reports google is thinking about bank rolling a deal for others to acquire yahoo!. the report sites an unidentified source. the journal said google and prospective partners have held early stage talks, but haven't assembled a formal proposal. neither company is commenting. we are sure getting spoiled with this beautiful autumn weather here in the bay area. meteorologist jim bernard joins us with how the weekend will shape up for sunday. >> pretty warm so far. looks like we'll continue that trend into tomorrow, maybe not as warm as today. but still clear skies and upper 70s for most locations.

mid-80s back in the city today, even back at the beach almost hot. as we see our indian summer pattern settling in with clear skies across the tri valley area, let's go back to the beach where we see it, too, is clear. we will expect those conditions to prevail through the night. looks like a clear night ahead, into tomorrow as well. we may see a lot of people on the beach here, as clear skies across the bay area, leaving us with a more offshore flow this evening. rather sultry temperatures around the area. continued mild, clear and warm through tomorrow, probably not quite as warm as today, but within a couple of degrees. slight onshore breeze comes in monday to cool us down, but only briefly, as we'll be warming again through midweek. this weekend's harvest festival, clear skies and warm temperatures. mid to low 70s there, as we see the effects of that offshore breeze, keeping the shoreline clear, a little patchy fog on the north coast. but again, it does not make it to the bay area today, nor will

it likely make it in tomorrow, as the offshore breeze will continue for clear and warm conditions into the beginning of the week. you'll see tomorrow, computer models just a glancing blow with fog early in the morning and then giving way to mostly clear skies again all day long, with temperatures continuing to warm, as we see today, or for tomorrow, mid to low 80s across the south bay. mid to upper 80s over the east bay. back on the beach, mid-70s to upper 60s, even in the city, pushing those upper 70s again tomorrow. hot spots in livermore, concord and fairfield. otherwise, mid to low 80s for tomorrow. classic indian summer weather here, as low 80s prevail in the north bay, cooling into the mid to upper 70s, as you head back to the water, another glorious day around the bay. we'll look for clear skies to continue into the beginning of the week, just subtle fluctuation and onshore breeze

at the coast. otherwise, looking for clear and warm to continue through midweek, as temperatures remain in that upper 70s range to low 80s. quite lovely weather ahead until next weekend, when we see chance of rain. for tomorrow in oakland, it will be sunny and warm, temperatures in the upper 70s at kickoff time for a lovely fall football special. >> sold-out game. glad we get to watch it on tv and fans have a lot to look forward to. and the raiders have made national news all week, so it's really great they are getting recognition now. jason campbell isn't the only offensive weapon the raiders needed to replace this week. and would hugh jackson finally announce his decision? the latest, next in sports. ,,,,,,,,,,,,,,,,

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and tea to choose from. keurig is the way to brew fresh, delicious coffee in under a minute. way to brew. so with keurig, every cup tastes like it's brewed just for you. because it is. c-b-s five has learned that kyle boller will be the raiders starting quarterback tomorrow against the chiefs... according to multiple sources, kyle bowler will be the raiders starting quarterback tomorrow against the chiefs. bowler has taken the majority of snaps at practice. with the bye week coming up, it makes sense to give carson palmer another week to learn the offense and continue to get back

into football shape. it would be boller's first start since 2009. >> i've learned a lot over the last eight years, going into my ninth year, and listen, i want to be out there on the field. this is my job. i want to be an nfl quarterback. i'll do everything i can to win this game. that's my job as quarterback. january cow see sidelined tomorrow. the raiders signed free agent kicker -- 12 of 13 field goals this season, has not missed a game since 2001 season. the raiders in 2009 dealt their top pick to the patriots for richard seymour, and i say that trade worked out just fine for the raiders. >> we always evaluated year in, year out, from game to game. and the best players are going

to play. that's what we're always told. so, you know, i'm trying to do everything i can to make sure my job is safe. >> dr. jeckyl, mr. hyde. do real nice, you know, soft spoken, and then gets on the field, has nothing, nothing -- doesn't want nothing to do with you. >> when did he flip the switch? >> oh, boy. >> he flipped that switch when he walked through the locker room, you know. when it's time to play, he is a big time football player. i love coaching him. and, again, he's been a great sounding board for me, with everything that's gone on,. >> reporter: passion, physicality, and pure imtimidation, the qualities that have defined the all-pro career of defensive tackle richard seymour. >> waiting, too long, down he goes. richard seymour, second of the

night. >> reporter: he is ranked number 4 among sports illustrated's meanest players in the nfl. >> got a lot of ruthless in him. not mean, just real tough. >> reporter: only a fierce competitor like see more would be disappointed that he isn't at the top of that list. >> i think he told me he wanted to get up on the list a little bit. i said don't worry about it, you'll get there. you should already be up there for sure. 4th is pretty good! you can see the chiefs and raiders right here tomorrow at 5:00. stay tuned for highlights and reaction on the fifth quarter. in 2007, rex ryan was a finalist to be the chargers head coach, but san diego chose norv turner. with the two teams meeting this week, the chargers would have won multiple super bowls if he had got the job. >> i think i would have had a couple rings. those teams were loaded.

>> i just, i didn't have a chance to ask him this, but i was wondering if he had those with one of these guarantees the last couple of years. >> good for norv! standing up for the bully! college football now, packed house in baton rouge, top ranked lsu taking on auburn. jarrett lee gets ruben randall and strides for the score. randall's second touchdown of the game, lsu pounds auburn 45-10. they are 8-0 for the first time in 38 years. clemson improved, after they dropped 59 points on north carolina. oregon beat colorado 45-2. cal leads utah 20-0 in the third quarter, and stanford just scored again, now leads washington 17-7. and finally, last night, sacred heart cathedral beat st. ignacius 38-14 to win the first leg of the bruce mahoney trophy. the rivalry goes all the way

back to 1893. the irish snapped a five-game losing streak against the cats. runningback valentino miles ran for over 300 yards. his aunt was in the stands. she's a breast cancer survivor, and he was wearing these pink shoes she had bought for him. >> neat, neat story. >> really nice. >> kim, thank you. the law says they can't carry handguns in public. so a new approach. the protest today in one bay area community aimed at defending the right to bear arms. why supporters brought their weapons to a mall and the point they are now trying to make. that story and more, in 30 minutes. that's it for eyewitness news at 5:30. see you back here in half an hour, then of course at 10:00 and 11:00. until then, find news updates on cbssf.com. good night.

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